Rascanu v. Minister of Employment and Immigration, (1993) 62 F.T.R. 270 (TD)

• Judge: Reed, J.
• Court: Federal Court (Canada)
• Case Date: April 01, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 62 F.T.R. 270 (TD)

Rascanu v. MEI (1993), 62 F.T.R. 270 (TD)

MLB headnote and full text

Laura Rascanu (applicant) v. The Minister of Employment and Immigration (respondent)

(T-2151-92)

Indexed As: Rascanu v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Reed, J.

April 1, 1993.

Summary:

A Convention refugee applicant applied for leave to commence proceedings to set aside a decision that there was no credible basis to her claim for Convention refugee status. The Minister of Employment and Immigration moved to strike out the application, asserting that the applicant's application record had not been properly perfected in accordance with rule 10 of the Federal Court Immigration Rules, 1993.

The Federal Court of Canada, Trial Division, dismissed the Minister's motion.

Aliens - Topic 4005

Practice - General principles - Rules - Transitional application - A Convention refugee applicant applied under the old Rules for leave to commence proceedings to set aside a decision that there was no credible basis to her claim for Convention refugee status - New Rules came into force - The Federal Court of Canada, Trial Division, concluded that the new Rules applied mutatis mutandis - The court stated that mutatis mutandis signified that while the new Rules applied generally to existing applications, those Rules were to be adapted when necessary to allow the meshing of the old with the new - See paragraph 8.

Aliens - Topic 4063

Practice - Judicial review - Leave to apply for judicial review or to commence other proceedings - A Convention refugee applicant applied for leave to commence proceedings to set aside a decision that there was no credible basis to her claim for Convention refugee status - The Minister of Employment and Immigration moved to strike out the application, asserting that the applicant had not served the Minister with a record containing the tribunal's written reasons nor did the Minister have a copy of them - The Federal Court of Canada, Trial Division, held that there was " ... no requirement under either the old or new Rules that a transcript of the proceedings be provided to the court and to the parties before an application for leave to commence proceedings can be decided" - See paragraph 8.

Statutes Noticed:

Federal Court Immigration Rules, SOR/89-26, rule 4, rule 9(4)(b) [para. 2]; rule 20 [para. 7]; rule 23(3) [para. 2].

Federal Court Immigration Rules, SOR/93-22, rule 10 [para. 6]; rule 20 [para. 7].

Counsel:

Jack Martin, for the applicant;

John Loncar, for the respondent.

Solicitors of Record:

Jack C. Martin, Toronto, Ontario, for the applicant;

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard before Reed, J., of the Federal Court of Canada, Trial Division, who delivered judgment on April 1, 1993.